Car Repo and sold/not notified prior to sale??

[nojusticehere]

Good morning all! Well, I'm still waiting to gather up enough money to file Ch 13, and I have a question.

I had a car repo'd by Wells Fargo. I live in Florida. I just recieved a letter stating that the car had been sold at a private sale on Oct 16. Now here's my question....

According to Florida Law I should have been notified prior to the sale, private or public. I was never notified. Do I have a case against Wells Fargo. I was extremely upside down, and behind a few months. They sold the vehicle and now saying that I owe $15,000 deficiency. Seems to me they did not follow the law by advising prior to the sale?

Anyone know anything about the notification process, or in their case, lack of notification, and how it may/can affect me? From what I understand, since they didn't notify me, then I may have a case against them and may not have to pay the deficiency....is this true? Anyone ran into this before?

[lrprn]

Let's be frank here....would you have done anything if you had been notified? If the answer is no, then there is no damage to you for NOT being notified so there's no grounds for a lawsuit.

Save your energy for something more important....getting ready to file.

[nojusticehere]

the reason I'm asking is, just maybe, if they broke the law by not notifying me prior to the sale, perhaps they won't have a case to collect the deficiency?

[SinkingFast]

Now that the car is gone, there is no underlying Security Interest for their Claim. Whatever you owe them is totally Unsecured.

When you file BK, this acct with Wells Fargo will be lumped in with all your CC's and other Unsecureds at the end of the line.

If they file a Claim, that is.

They'll get what ever %'age the Trustee decides they'll get. Not what they could get if you weren't going to file BK and they won a Judgement against you.